Federal (Canada)Access to Information ActWell-founded

A-2023-00192 — Indigenous Services Canada

Organization: Indigenous Services CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Indigenous Services Canada (ISC) failed to conduct a reasonable search for records related to housing space accommodation guides, space criteria, and occupancy rates for Indigenous communities from 1960 to 1990. Initially, ISC stated no responsive records existed and suggested the complainant contact their archives. The Office of the Information Commissioner (OIC) questioned this approach, leading ISC to conduct further searches. These subsequent searches, after initial nil results, eventually identified approximately 24,000 pages of potentially relevant records. With the complainant's agreement, the scope of the request was narrowed, resulting in 800 pages of responsive records. The OIC concluded that ISC did not conduct a reasonable search at the time it first processed the request. The Commissioner ordered ISC to complete the retrieval and processing of all responsive records, provide an interim release within 36 business days, and a final response within 60 business days.

Key issues
  1. 1Whether Indigenous Services Canada conducted a reasonable search for records responsive to the access request
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Initial search unreasonable
  • Further search: Further search ordered
  • Record processing: Processing of records ordered
  • Timeliness of disclosure: Interim and final release deadlines set
Outcome

Complaint well founded — disclosure ordered

Reasoning

Indigenous Services Canada failed to conduct a reasonable search initially, as evidenced by the subsequent discovery of 800 pages of responsive records after the OIC intervened and requested further searches.

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Decision notes
Recommended action / remedy

The Commissioner ordered Indigenous Services Canada to complete the retrieval of all responsive records, process them, provide an interim release within 36 business days, and a final response within 60 business days, granting access unless specific provisions of the Act apply.

Statutes considered
  • s.30(1)(a) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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